S & V Nominees Pty Ltd (in liquidation) v Rabobank Australia Limited (Formerly known as Primary Industry Bank of Australia Limited) (No 2) [2011] FCA 1039

FEDERAL COURT OF AUSTRALIA

S & V Nominees Pty Ltd (in liquidation) v Rabobank Australia Limited (Formerly known as Primary Industry Bank of Australia Limited) (No 2) [2011] FCA 1039 Citation: S & V Nominees Pty Ltd (in liquidation) v Rabobank Australia Limited (Formerly known as Primary Industry Bank of Australia Limited) (No 2) [2011] FCA 1039

Parties: S & V NOMINEES PTY LTD (IN LIQUIDATION) ACN 060 323 033 and VIRGINIA PACKING SHED PTY LTD (IN LIQUIDATION) ACN 062 072 557 v RABOBANK AUSTRALIA LIMITED (FORMERLY KNOWN AS PRIMARY INDUSTRY BANK OF AUSTRALIA LIMITED) ACN 001 621 129 and JULIE ANN MEEKING IN HER CAPACITY AS THE EXECUTRIX OF NEVILLE JAMES OBST, DECEASED

File number: SAD 169 of 2009

Judge: BESANKO J

Date of judgment: 6 September 2011

Catchwords: PRACTICE AND PROCEDURE — Application by plaintiffs to amend their statement of claim in a manner which includes claim for declarations that defendant had breached s 427 and s 432 of the Corporations Act 2001 (Cth) ('Corporations Act') without any further claim with respect to alleged breaches — where defendant said claim for declarations was untenable — where plaintiffs had no real interest in determination of the question and where declaration served no practical purpose Held: Leave to file a statement of claim incorporating a claim for declarations of breaches of the Corporations Act refused.

Legislation: Corporations Act 2001 (Cth) s 427, s 432 Federal Court of Australia Act 1976 (Cth) s 21

Cases cited: Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421, cited J N Taylor Holdings Ltd v Bond (1993) 59 SASR 432, cited Russian Commercial and Industrial Bank v British Bank for Foreign Trade Ltd [1921] 2 AC 438, cited Woolf, Sir Harry and Zamir I, The Declaratory Judgment (3rd ed Sweet and Maxwell, 2002)